Same—Complaints; hearings; dispositions.
Wilmington City Code § 2-345
in effectSec. 2-345. - Same—Complaints; hearings; dispositions.
(a) Upon the sworn complaint of any person or on its own initiative, the commission may refer to the city solicitor for investigation any alleged violations of sections 2-339, 2-340 and 2-341. Except as provided in section 2-343(f) regarding investigations of complaints about the mayor, the city solicitor or his or her designee shall be the prosecuting attorney in all disciplinary proceedings before the commission. In any such investigation or proceeding, a defendant shall be given an opportunity to be heard after notice, to be advised and assisted by legal counsel, to produce witnesses and offer evidence, and to cross-examine witnesses. A transcript of any such proceeding shall be made and retained, subject to the confidentiality requirements of this division. The commission shall adopt rules of procedure and guidelines deemed necessary, subject to the approval of the administrative board.
(b) A member of the commission shall be ineligible to participate, as a member of the commission, in any commission proceeding relating to his or her conduct. A member of the commission who has been found by the commission to have violated this subsection shall be ineligible to serve again as a member of the commission.
(c) A member of the commission may disqualify himself or herself from participating in any investigation of the conduct of any person upon submission in writing and under oath of an affidavit of disqualification stating that he or she cannot render an impartial and unbiased decision in the case in which he or she seeks to disqualify himself or herself.
(d) With respect to any violation with which a person has been charged and which the commission has determined as proved, the commission may take any one or more of the following actions:
(1) Issue a written reprimand or censure of that person's conduct.
(2) With respect to a city employee or appointed official, recommend by resolution that the city agency employing the city employee or appointed official, the agency or official who appointed such official, or other appropriate appointed official or agency as the commission shall determine, remove, suspend, demote or take other appropriate disciplinary action with respect to that person, without regard to any limits imposed by this division but within the limits of the Constitution and other laws of the city and state. With respect to an elected official, not recommend that such official be removed, demoted or suspended, but that such official be fined in an amount recommended by the commission.
(3) With respect to an honorary official, recommend that appropriate action be taken to remove the honorary official from office.
(e) In any proceeding before the commission, upon the request of any person charged with a violation of this division, such person shall be permitted to inspect, copy or photograph books, papers, documents, photographs or other tangible objects which will be used as evidence against that person in a disciplinary hearing and which are material to the preparation of his or her defense.
(f) In any proceeding before the commission, if the city solicitor, his or her designee or the commission at any time receives any exculpatory information respecting an alleged violation against any person, it shall forthwith make such information available to such person.
(g) Any person charged with a violation of this division may apply to the commission for the issuance of subpoenas for the appearance of witnesses and for the production of documents on his or her behalf. The application shall be granted upon a concise showing by such person that the proposed testimony or evidence is relevant, or is reasonably calculated to lead to the discovery of relevant evidence, and is not otherwise available. The application shall be denied if not made at a reasonable time or if the testimony or evidence would be merely cumulative.
(h) The requirements for confidentiality or public disclosure are as provided in this subsection as follows:
(1) All proceedings before the commission relating to a violation of this division by a city employee, including the disposition thereof, shall be maintained confidential by the commission unless public disclosure is requested in writing by the city employee.
(2) All proceedings before the commission relating to a violation of this division by an appointed official or elected official shall be maintained confidential by the commission unless public disclosure is requested in writing by the appointed official or elected official or unless the commission, based on a preliminary inquiry, determines that there is reason to believe that a violation has occurred, and serves upon the alleged violator a statement of the alleged facts of such violation. After the service of such a statement on such person, all proceedings relating thereto shall be open to the public and the statement and any other paper filed thereafter respecting such violation shall be made available for public inspection at reasonable hours.
(3) All proceedings relating to a violation of this division by an honorary official shall be maintained confidential by the commission unless public disclosure is requested in writing by the honorary official or unless the commission determines that a violation has occurred and so informs the official. At and after the time of so informing the official, the commission shall make the record of all proceedings relating thereto available for public inspection at reasonable hours and all subsequent proceedings relating thereto, if any, shall be open to the public.
(4) Notwithstanding the confidentiality requirements of subsections (h)(1)—(3) of this section, the commission shall make available for public inspection the record of all proceedings relating to any decision of the commission which is appealed to superior court and the commission shall report to appropriate federal or state authorities any substantial evidence of a violation of any criminal law which comes to its attention in connection with any proceeding under this division.
(5) The chair of the commission shall, with the approval of the commission, establish such procedures as in the chair's judgment may be necessary to prevent the disclosure of any record of any proceedings or other information received by the commission or its staff except as permitted by this division.
(Ord. No. 92-073(sub 1), § 1(20-110), 11-5-92; Ord. No. 18-043, § 10, 10-4-18; Ord. No. 21-044(sub 1), § 1, 10-7-21)
Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTVDEAGCROR_DIV6CIETRE_S2-345SAOMHEDIFetched: 11/6/2026